Petition by two sons of a deceased intestate for a succession certificate over securities found in September 2023. Widow and daughter consented; delay condoned. Registrar allowed the petition and directed issuance of the certificate.
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Ajay
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 02nd FEBRUARY, 2024
CALLED FOR FIRST ON BOARD (FOB):
27 TP/143/2024 ) Ms. Sheetal Shah i/b. M/s. Mehta and Girdharlal, ) Advocate for petitioner. ) (ECHCBM022086 ) P.C.: 1. Perused Petition. Heard Ld. Advocate for ) 62023) ) petitioner. This petition is for Succession ) Certificate in respect of certain Securities ) belonging to the deceased viz. Veeranagouda ) Bandangouda Sankangoudar alias V B ) Sankanagoudar alias Veeranagouda B ) Sankanagoudar alias Veeranagouda K ) ) Sankanagoudar alias Sankanagoudar VB son of ) Bandangoudar, who died at Bangalore on ) 08.08.1996. Copy of death certificate is annexed ) at Exhibit-A to the petition. Copy of Identification ) proof of deceased is already annexed at Exhibit-A1 ) to the petition. ) ) ) 2. Advocate for petitioner submits that, said ) Deceased did not have a fixed place of residence ) owever at the time of his death resided at No. 212 ) KSRTC Layout, 9th Cross, J. P. Nagar, 2nd Phase, ) Bangalore – 560078. He died in Bangalore, ) however left property in Mumbai, State of ) Maharashtra and elsewhere in India. ) ) ) 3. Advocate for petitioner submits that, the said ) deceased died intestate and that due and diligent ) search has been made for the Will but none has ) been found. ) .... 2 )
Ajay
CONTD.
) 27 TP/143/2024 ) ) ) (ECHCBM022086 ) ) 62023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
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Ajay
CONTD. - 3 - 27 TP/143/2024 7. Advocate for petitioner submits that, there is ) no impediment under Section 370 of the Indian ) Succession Act, 1925 or under any other provision ) (ECHCBM022086 of this Act or any other enactment to the grant of ) the certificate of the validity thereof if it was 62023) ) ) granted. ) ) 8. Advocate for petitioner submits that no ) application has been made to any District Court or ) District Delegate or to any High Court for probate ) of any Will of the said deceased or for letters of ) administration with or without the Will for ) ) annexed to their property and credits. ) ) 9. Advocate for petitioner submits that no ) application has been made to any District Court ) for Succession Certificate in respect of any debt or ) security belonging to the estate of the deceased. ) ) ) 10. Advocate for the petitioner submits that the ) petitioners found out in the first week of ) September 2023, a file containing the securities ) more particularly, shares, standing in the name of ) the deceased and were not aware of it before. In ) view thereof, the delay if any, in filing the Petition, ) ) be condoned. In view thereof, delay is condoned. ) ) 11. Advocate for the petitioner submits that the ) General Notice was issued on 11.12.2023 in the ) aforesaid matter. Advocate for the petitioner has ) filed Affidavit of Service dated 29.01.2024 for ) ) proving General Notice through e-filing and ) Administration Bond dated 29.01.2024 also filed ) through e-filing. ) ....4 CONTD. )
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Ajay
27 TP/143/2024
) (ECHCBM022086 ) ) 62023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
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02.02.2024
Advocate for petitioner tendered original Affidavit of service and Administration Bond, which are kept in record and proceeding.
ORDER
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
Ajay
1 issue framed by the court
Whether a succession certificate should be granted to the deceased's sons for securities left by him.
2 provisions across 2 enactments
Chandrashekar Gowder
Vishwanath Gouder
R. V. Rane
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
